11 Miss. Code. R. 2-6.2 - Permit Applications

A. Duty to apply. For each Title V source, the owner or operator shall submit a timely and complete permit application in accordance with this rule.

(1) Timely application.

(a) A timely application for a source applying for a Title V permit for the first time is one that is submitted within twelve (12) months after the source becomes subject to the permit program or on or before such earlier date as the Permit Board may establish. In the latter case, at least six (6) months time shall be given for application submittal from the time the Permit Board notifies the source of the early submittal requirement.

(b) Title V sources required to meet the requirements under Section 112(g) of the Federal Act or to have a permit under the preconstruction review and construction permit requirements of "Permit Regulations for the Construction and/or Operation of Air Emissions Equipment", 11 Miss. Admin. Code, Pt. 2, Ch. 2, shall file a complete application to obtain the Title V permit or permit revision within twelve (12) months after commencing operation or on or before such earlier date as the Permit Board may establish. Where an existing Title V permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation.

(c) For purposes of permit renewal, a timely application is one that is submitted at least six months prior to the date of permit expiration.

(d) Applications for initial phase II acid rain permits shall be submitted to the DEQ by January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides.

(2) Complete application. To be deemed complete, an application must provide all information required pursuant to Rule 6.2.C., except that applications for permit revision need supply such information only if it is related to the proposed change. Information required under Rule 6.2.C. must be sufficient to evaluate the subject source and its application and to determine all applicable requirements. A responsible official shall certify the submitted information consistent with Rule 6.2.E. Unless the DEQ determines that an application is not complete within 60 days of receipt of the application, such application shall be deemed to be complete. If, while processing an application that has been determined or deemed to be complete, the DEQ determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response. The source's ability to operate without a Title V permit, as set forth in Rule 6.4.B. of these regulations, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the DEQ.

(3) Confidential information. In the event a source submits information to the DEQ under a claim of confidentiality, the Permit Board may also require the source to submit a copy of such information directly to the Administrator.

B. Duty to supplement or correct application. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit to public participation.

C. Standard application form and required information. All applications must be submitted on the form supplied by the Permit Board. Insignificant activities specified in Rule 6.7.A. need not be included in permit applications. For insignificant activities specified in Rule 6.7.B., a list of such insignificant activities must be included in the application. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under the schedule pursuant to Rule 6.6. of these regulations. The forms and attachments shall include the elements specified as follows:

(1) identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact;

(2) a description of the source's process and products (by Standard Industrial Classification (SIC) Code) including any associated with any alternative operating scenario identified by the source;

(3) emission-related information as follows:

(a) all emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. Fugitive emissions from individual components within a facility may be determined collectively based on their relationship to the associated process unless individual emission rates are needed to determine the applicability of a requirement, such as a New Source Performance Standard (NSPS), National Emission Standard for Hazardous Air Pollutants (NESHAP), etc., or to determine air quality impacts. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under Rule 6.7. The Permit Board shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule pursuant to Rule 6.6. of these regulations.

(b) identification and description of all points of emissions described in Rule 6.2.C(3)(a). of this rule in sufficient detail to establish the basis for fees and applicability of requirements of the Federal Act or of the regulations contained herein.

(c) emission rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tons per year can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with an applicable requirement.

(d) to the extent it is needed to determine or regulate emissions, the information that follows: fuels, fuel use, raw materials, production rates, and operating schedules;

(e) identification and description of air pollution control equipment and compliance monitoring devices or activities;

(f) limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the Title V source;

(g) other information required by any applicable requirement (including information related to stack height limitations developed pursuant to Section 123 of the Federal Act);

(h) calculations on which the information in Rule 6.2.C(3)(a) through (g) is based;

(4) air pollution control requirements as follows:

(a) citation and description of all applicable requirements, and

(b) description of or reference to any applicable test method for determining compliance with each applicable requirement;

(5) other specific information that may be necessary to implement and enforce other applicable requirements of the Federal Act or of these regulations or to determine the applicability of such requirements;

(6) an explanation of any proposed exemptions from otherwise applicable requirements;

(7) additional information as determined to be necessary by the Permit Board to define alternative operating scenarios identified by the source pursuant to Rule 6.3.A(9). of these regulations or to define permit terms and conditions implementing 40 CFR 70.4(b)(12) or Rule 6.3.A(10). of these regulations.

(8) a compliance plan for all Title V sources that contains all of the following:

(a) a description of the compliance status of the source with respect to all applicable requirements;

(b) a description as follows:

(1) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

(2) for applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis;

(3) for requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements;

(c) a compliance schedule as follows:

(1) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.

(2) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirements.

(3) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule or remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(4) For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

(d) a schedule for submission of certified progress reports, to be submitted no less frequently than every six (6) months for sources required to have a schedule of compliance to remedy a violation;

(e) the compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Federal Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(9) requirements for compliance certification, including the following:

(a) a certification of compliance with all applicable requirements by a responsible official consistent with Rule 6.2.E. and Section 114(a)(3) of the Federal Act;

(b) a statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

(c) a schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the Permit Board;

(d) a statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Federal Act; and

(10) the use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Federal Act.

D. Applicant's duty to apply for alternative scenarios. Any operating scenario allowed for in an applicable Title V permit may be implemented by the facility without the need for any permit revision or any notification to the Permit Board. It is incumbent upon the Title V permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at the time of initial or renewal permit application.

E. Any application form, report, or compliance certification submitted pursuant to these regulations shall contain a certification of truth, accuracy, and completeness signed by a responsible official. This certification and any other certification required under these regulations shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

Notes

11 Miss. Code. R. 2-6.2

Miss. Code Ann. §§ 49-2-9(1)(b), 49-17-17, 49-17-28, 49-17-29, 49-17-30, 49-17-32, 49-2-1, et seq. and 49-17-1, et seq.

Amended 9/1/2022 Amended 8/19/2024